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Full-Text Articles in Law

Hung Up On Words: A Conduct-Based Solution To The Problem Of Conspiracy In Military Commissions, Joshua D. Foote Oct 2015

Hung Up On Words: A Conduct-Based Solution To The Problem Of Conspiracy In Military Commissions, Joshua D. Foote

Vanderbilt Law Review

At 9:02 a.m. on September 11, 2001, the world watched in horror as American Airlines Flight 175 slammed into the South Tower of the World Trade Center on live television,' ending all consideration that the first collision might have been an accident. Halfway around the world, Ali al Bahlul sat in a remote part of Afghanistan operating a radio so that Usama Bin Laden could monitor reports of the attacks. That day, Al Qaeda terrorists killed 2,977 people, caused billions of dollars of economic damage, and initiated the defining sociopolitical issue of the early 21st century.

Legal practitioners have faced …


Sentencing Complexities In National Security Cases, Chris Jenks Jan 2015

Sentencing Complexities In National Security Cases, Chris Jenks

Faculty Journal Articles and Book Chapters

Military national security courts-martial infrequently occur. When they do occur, military counsel, judges, and court personnel endeavor to perform their function at a high level. Unfortunately, the process by which the U.S. government conducts classification reviews and the military’s inexperience in national security cases often results in the form of safeguarding classified information trumping the substantive function of the underlying trial process. And by the time the sentencing phase is reached, understandable but unfortunate focus is placed on simply concluding the trial without mishandling classified information.

This article examines the sentencing complexities in military national security cases, first defining a …


Sentencing Complexities In National Security Cases, Chris Jenks Jan 2015

Sentencing Complexities In National Security Cases, Chris Jenks

Faculty Journal Articles and Book Chapters

Military national security courts-martial infrequently occur. When they do occur, military counsel, judges, and court personnel endeavor to perform their function at a high level. Unfortunately, the process by which the U.S. government conducts classification reviews and the military’s inexperience in national security cases often results in the form of safeguarding classified information trumping the substantive function of the underlying trial process. And by the time the sentencing phase is reached, understandable but unfortunate focus is placed on simply concluding the trial without mishandling classified information.

This article examines the sentencing complexities in military national security cases, first defining a …